The Constitutional Law of the United States, Volume 2

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Baker, Voorhis, 1910 - Constitutional law - 1390 pages
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Contents

Commerce does not include the production of the com modities transported
640
Intent to export not controlling
641
Interstate commerce includes the sale of the articles
642
The original package doctrine
643
Difficulties in applying original package doctrine
645
General definitions of commerce
650
Gibbons v Ogden
651
New York v Miln
655
License Cases
656
Passenger Cases
658
Subjects of local regulation by the States
660
The police powers of the States and commerce
661
Applications of the doctrine of the police powers of the State in their relation to interstate commerce
665
State inspection laws
670
State quarantine laws
674
Federal quarantine laws
676
The States may absolutely exclude from their borders only suoh articles as are intrinsically not merchantable or not legitimate articles of commerce
678
THE FOURTEENTH
680
The Wilson Act
681
Construction of the Wilson Act
683
Federal power over Indians 298
684
Proposed legUlation 603
694
The States and foreign corporations doing an interstate commerce business
695
CHAPTER XXI
697
Foreign curporations doing business within the States 69S 325 What constitutes doing business in the State
699
License taxes
701
Taxation of foreign corporations
702
State tax law must not discriminate against products of other States or against companies doing an interstate commerce business
703
Drummers
705
Peddlers
709
State taxation of articles of commerce
711
State taxation of goods in transit
712
State taxation of persons in transit
714
Assessment of property of interstate carriers for pur poses of taxation
716
Rolling Stock unit of use rule
717
State taxation of receipts from interstate commerce
720
Taxation of net receipts
724
Taxation of capital stock of interstate commerce com panies
725
State regulation of carriers
726
State regulation of railway rates
728
Routes running outside of the State but with both ter minals within the State
732
Federal legislation
734
Federal police regulations
735
Prohibition of interstate commerce
736
Federal regulation of child labor
738
The Federal Employers Liability Law of 1906
741
Employers Liability Law of 1908
743
Federal Safety Appliances Acts
744
Federal Eight Hour Law
745
Trade unions and interstate commerce federal legislation with reference to
746
Regulation of interstate railroad rates
748
The right of Congress to delegate its ratemaking power to a commission
749
The federal antitrust act
750
In re Greene
751
United States v E C Knight Co
752
United States v TranMissouri Freight Association 753 360 United States v Joint Traffic Association
753
Hopkins v United States
754
Anderson v United States
755
Montague v Lowry
756
Beef Trust Case
758
Danbury Hatters Case
759
Other cases
761
The Commodities Clause of the Hepburn Act of 1906
762
Federal control of corporations under the Commerce Clause
763
Power of the Federal Government to charter companies to do a manufacturing business within the States
764
Federal permission to state manufacturing companies to engage in interstate commerce
766
Federal taxing power and interstate commerce
767
Federal powers 53
768
Federal control of foreign commerce
769
Commerce with the Territories and with the District of Columbia
773
CHAPTER XLIV
774
Federal power not exclusive
775
State bankruptcy law ami tlic obligation of contracts
776
Uniformity
777
Due of process of law
779
Coinage
780
Weights and measures
781
Postal Service 389 Federal power
782
Constitutional views of Munroe
783
Federal power to provide postal agencies
784
Ex parte Rapier
788
Power of the States to exclude from their borders objec tionable mail matter 700
790
Fraud orders
791
Patents and Copyrights 398 Patents
792
trademarks
793
Piracies anil Felonies on tlie High Seas and Offenses against the Law of Nations 400 Piracies etc
794
Declaration of war
795
Civil war
796
Letters of marque and reprisal and captures on land and water
798
Absolute and qualified prohibitions
799
Importation of slaves
800
Suspension of habeas corpus
801
Ex post facto legislation
803
Appropriations
805
Limitations with respect to the definition and punishment of crime
806
Jury trial in the District of Columbia and the Terri tories
807
Twelve jurors required
808
Petty offenses
810
Infamous crimes
811
Waiver of constitutional guaranties
813
Right to jury trial not fundamental
815
Double jeopardy
816
What constitutes jeopardy
818
Jeopardy and the right of appeal
820
The constitutionality of appeal by the government in criminal cases
822
immunity from not a requirement of due process of law
823
what constitutes
825
When right may be claimed
826
Corporations not protected against testimony by their agents
827
Private books and papers
828
Corporations protected
829
Cruel and unusual punishments
830
Treason
833
May be committed by aliens
834
No distinction in United States between high and petit treason
835
Enlistment of men does not amount to levying war
836
5 Treason against a State of the Union
839
Jury trial in civil suits
840
Waiver of jury in civil cases
841
Freedom of speech and press
842
Seditious libel
845
The right to bear arma
846
The quartering of troops
848
peonage
850
Seamen
853
enforcement of
854
CHAPTER XLVI
856
Historical inquiry not conclusive
858
Rules of evidence and procedure may be changed
860
Appeal not essential to due process
862
Confronting witnesses
863
Unessential statutory formalities 8t4
864
Due process and substantive rights
865
Doctrine adopted that due process includes substantive rights
868
Life
872
Equal protection of the law
873
The Federal Government and the obligation of contracts
874
1
877
Bills of credit
878
Ex past facto legislation
881
Corporations protected
882
Illustrative cases arising under the Equal Protection Clause
884
Equal protection of the law does not control the grant of political rights
886
Classifications must be reasonable
887
State laws and judicial systems not required to be uni form throughout the State
888
requires similar but not the same privileges
889
CHAPTER I
891
Changes in means or manner of enforcement of contracts
892
Contracts to which a State is a party 891
893
permission to do business within the State
894
Charters of public corporations
895
The Dart mouth College Case
897
Compacts between the States 235
898
Charles River Bridge Co v Warren Bridge Co
899
Other cases
900
Regulation of charges of public service corporations
901
The police power and the obligation of contracts
902
Tax exemptions
905
Impairment of contracts by taxation
907
Instances of incapacity of the States to contract
908
Regulation of rates
909
Eminent domain and the obligation of contracts
910
The construction of contracts
911
Existence of a contract a federal question
912
Constitutionality of state laws alleged to impair con tracts a federal question
913
how far controlling in federal courts
914
Writs of error to state courts 120
916
McCullough v Virginia
917
Mnhlker v N Y H Ry Co
918
Refusal of federal courts to follow state decisions holding state laws void
920
Distinction between cases coming to the Supreme Court by writs of error to state courts and those originating in lower federal courts
921
Gelpcke v Dubuque
922
Constitutional provisions 561
923
Extension of the doctrine of Uelpuke v Dubuque
925
CHAPTER X
927
Special assessment s
928
Taxes and special assessments distinguished
929
Constitutional requirements of special assessments
930
Resort to special assessments discretionary with the legis lature
931
Special assessments in excess of benefits
933
i6
936
Summary
943
Personal liability of propertyowners
944
Incorporeal hereditaments Franchises ete 045
945
Taxation of tangible personal proerty
946
Taxation of franchises
966
Taxation of good will
967
Tax exemptions and the impairment of contracts
968
INTERNATIONAL AGREEMENTS WHICH Do XOT REQUIBE THE APPROVAL
970
Conquest or military occupation does not operate to annex PAGB
971
organization
972
organization
973
Inferior courts may be granted jurisdiction of cases within the original jurisdiction of the Supreme Court
974
appellate jurisdiction
975
Appeals from circuit and district courts
976
Appeals from circuit courts of appeal
977
5ti1 Appeals from territorial and other courts
978
States independent of one another 194
979
jurisdiction
980
jurisdiction
981
jurisdiction
982
Jurisdiction of federal courts based on diversity of citizen ship
984
National banks
986
Fictitious citizenship
987
Removal of suits from state to federal courts
989
Concurrent state judicial powers
990
Power to govern absolute 362
993
Statutory provision for removal from state to federal courts
994
Congress may not confer jurisdiction upon state courts
997
The Courts and Unconstitutional Laws 2
999
Cherokee Nation v Georgia
1000
Georgia v Stanton
1001
Existence and territorial extent of sovereignty
1003
belligerency neutrality
1005
Treaties
1007
Other political questions I008
1008
Suits between the States
1009
Courts will not perform nonjudicial functions
1011
CHAPTER II
1013
Right of removal of criminal cases 124
1020
Privileges and immunities 213
1021
from their special and local applications
1033
PRINCIPLES OF CONSTITUTIONAL CONSTRUCTION
1034
CHAPTER VIII
1040
Carolina
1054
Indian lands 202
1058
CHAPTER LIV
1061
Corporations chartered by and of which the State
1073
when considered suits against the State
1074
United States v Peters
1075
United States v Bank of the United States
1076
Rule as to States being parties of record
1078
Mandamus to state officials
1079
The Virginia debt controversy
1084
In re Ayres
1089
The name 524
1090
Reagan v Trust Co
1091
Fitts v McGhee
1092
In re Young
1093
Suits to recover specific pieces of property held by the State
1096
Liens
1097
United States v Lee
1098
The doctrine of United States v Lee applied to a State
1100
Suit maintainable only where the action against the officer is a possessory one
1101
Recent cases
1102
Suability of minor political bodies
1104
Statutory consent of the United States and of the States to be sued
1105
CHAPTER LV
1107
Extent of admiralty jurisdiction lld8
1108
Admiralty jurisdiction extends to navigable waters wholly within a State
1110
Extent of federal admiralty jurisdiction
1111
Canals
1112
Admiralty jurisdiction does not carry with it general jurisdiction over navigable waters
1113
State legislative powers with reference to admiralty matters
1114
Legislative powers of Congress flowing from admiralty and maritime jurisdiction
1117
The determination of the sphere of admiralty jurisdiction a judicial question
1118
Constitutional provisions
1121
Who are civil officers
1122
Tor what offenses impeachment will lie
1123
Punishment
1124
CHAPTER LVII
1125
Vacancies
1127
Inadequacy of
1128
Twelfth Amendment
1129
Counting the votes
1130
Law of 1887
1131
Constitutionality of
1132
THE MAINTENANCE OF FEDERAL SUPREMACY RY HAREAS CORPUS
1134
Criticism of the act of 1887
1135
PRESIDENTIAL SUCCESSION SECTION 664 Constitutional provisions
1141
Act of 1886
1144
Questions undetermined by
1146
Third term
1147
CHAPTER LIX
1150
State courts may not interfere with federal authorities 1 30
1152
The President as administrative chief
1156
Development of the administrative powers of the President
1158
President acts through the heads of departments
1159
Except where his personal judgment is demanded 1100
1161
Administrative decentralization in the States
1163
Administrative interpretations 1104
1164
Iower of the President to control the institution and prosecution of suits by the Department of Justice
1166
Information to Congress
1167
The Presidents control of foreign relations
1170
The pardoning power may not be limited by Congress
1171
Acts of amnesty and remission of penalties
1172
Suspension of sentences
1173
CHAPTER LX
1174
Nominations 117
1176
Creation of offices
1178
Interstate extradition 222
1179
Appointing powers may be vested only as provided by the Constitution
1180
The power of removal
1181
Congress may regulate the removal of inferior officers
1185
Injunctions to prevent removal l IS
1186
The powers of removal by state governors
1187
Military powers of the general government
1190
The government of the District of Columbia 372
1191
Articles of war 1102
1192
Obligation assumed by enlistment
1193
Powers of the military commander 110ti
1196
Courts martial 1in7
1197
jurisdiction of civil courts to review proceedings of 1108
1198
Jurisdiction of courts martial over offenses which are also violations of the local civil law
1200
The power of Congress to vest in military tribunals ex clusive jurisdiction over all offenses committed by military persons including offenses which a...
1203
Powers of military tribunals in times of war 120t
1206
Powers of the Commander in Chief of the army and navy
1207
Declaration of war
1208
International agreements entered into or action taken
1212
The organization and disciplining of the militia
1213
The militia as an arm of the Federal Government
1214
The use of the militia and federal troops to suppress domestic disorder
1215
THE GENERAL POWERS OF CONGRESS
1217
Military government of hostile domestic territory
1219
Military government of domestic territory in times of peace
1221
CHAPTER LXII
1224
MARTIAL LAW SECTION 723 Martial law defined
1228
Martial law a form of the police power
1229
Police power defined
1231
Police power limited
1232
Martial law does not abrngate civil law and civil guar antees
1234
Martial law nnd military government distinguished
1236
Martial rule and war distinguished
1238
Powers of military commander in cases of domestic dis order
1240
Martial law in time of war
1241
Ex parte Milligan
1244
Criticism
1251
Mitchell v Clark considered
1252
Habeas corpus
1253
Suspension of the writ
1254
Power of the President to suspend the writ
1255
CHAPTER IV
1259
Separation of powers in the State not compelled by the federal Constitution
1260
Powers separated in the Federal Government
1261
Separation not complete
1262
The general principle stated
1263
Distinction between legislative and judicial acts
1264
Declaratory and retroactive legislation
1265
Legislative control of judicial procedure and powers
1267
Jurisdiction and judicial power distinguished
1268
Powers of courts to punish contempts
1270
Power of Congress to punish for contempts
1272
The performance of administrative acts by the courts
1274
Judicial review of administraeive determinations
1276
Judicial powers of administrative agents
1277
CHAPTER LXIV
1278
Fraud orders
1283
Chinese Exclusion Cases
1286
The Ju Toy Case
1289
Constitutional requirements of administrative determina
1291
tions 1201
1292
Arbitrary administrative discretion
1293
Mandamus
1296
Marbury v Madison
1297
Mandamus may not be used in place of an appeal
1298
Amenability of the President to compulsory judicial process
1300
Mississippi v Johnson
1301
Georgia v Stanton
1304
Obligation of the President to enforce laws believed by him to be unconstitutional
1306
Liability of the State for acts of its officers
1310
Mandamus to compel performance of commands by ad ministrative superior
1311
malice ete
1312
Responsibility of judges of courts of superior and general jurisdiction
1315
Delegated power may not be delegated
1317
Treatymaking power granted without express limitations 493
1319
Independence of federal authorities 141
1353
State autonomy 151
1367
State taxation of federal governmental agencies 92
1379
FEDERAL POWERS OF TANATION
1384
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Popular passages

Page 1040 - The united states in congress assembled shall also be the last resort on appeal in all disputes and differences now subsisting or that hereafter may arise between two or more states concerning boundary, jurisdiction or any other cause whatever; which authority shall always be exercised in the manner following.
Page 735 - It is the power to regulate ; that is, to prescribe the rule by which commerce is to be governed. This power, like all others vested in congress, is complete in itself, may be exercised to its utmost extent, and acknowledges no limitations other than are prescribed in the constitution.
Page 850 - If two or more persons conspire to injure, oppress, threaten, or intimidate any citizen in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States...
Page 1017 - International law is part of our law, and must be ascertained and administered by the courts of justice of appropriate jurisdiction, as often as questions of right depending upon it are duly presented for their determination.
Page 1294 - Though the law itself be fair on its face and impartial in appearance, yet, if it is applied and administered by public authority with an evil eye and an unequal hand, so as practically to make unjust and illegal discriminations between persons in similar circumstances, material to their rights, the denial of equal justice is still within the prohibition of the Constitution.
Page 981 - No district court shall have cognizance of any suit (except upon foreign bills of exchange) to recover upon any promissory note or other chose in action in favor of any assignee, or of any subsequent holder if such instrument be payable to bearer and be not made by any corporation, unless such suit might have been prosecuted in such court to recover upon said note or other chose in action if no assignment had been made...
Page 801 - A bill of attainder is a legislative Act, which inflicts punishment without a judicial trial. If the punishment be less than death, the Act is termed a bill of pains and penalties.
Page 982 - Claims, of all claims not exceeding ten thousand dollars founded upon the Constitution of the United States or any law of Congress, or upon any regulation of an Executive Department, or upon any contract, express or implied, with the Government of the United States...
Page 982 - Of all civil causes of admiralty and maritime jurisdiction, saving to suitors In all cases the right of a common-law remedy where the common law is competent to give it...
Page 632 - Commerce, undoubtedly, is traffic, but it is something more; it is intercourse. It describes the commercial intercourse between nations, and parts of nations, in all its branches, and is regulated by prescribing rules for carrying on that intercourse.

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